New suit filed in Essex Ave. fatality [Gloucester Daily Times, Mass.]
|By Richard Gaines, Gloucester Daily Times, Mass.|
|McClatchy-Tribune Information Services|
Orlando also alleges that Bennett was prevented from seeing the UPS truck by the placement of the Coxco vehicle in the breakdown lane.
A report by the state police reconstruction team released by the office of
Orlando called that finding "truly absurd."
"The rules of the road were ignored," he added.
Representatives of Coxco, which is based on
In a telephone interview Wednesday, Orlando said the suit is "about
"We have set out to prove that he (
"Amazingly, the police report, which was made public nearly eight months after accident, found
"To attempt to blame the victim, who is unable to defend himself, is outrageous," Orlando added."
The state police report concluded that "the cause of this collision and resultant fatal injuries suffered by
A key issue in the case is the interpretation by the state police that the breakdown lane on
The collision report quotes from Section 4A of Chapter 89 of the Massachusetts General Laws, which states that, "when any way has been divided into lanes, the driver of a vehicle shall so drive that the vehicle shall be entirely within a single lane and he shall not move from the lane in which he is driving until he has first ascertained if such movement can be made with safety.
"The operators of motorcycles shall not ride abreast of more than one other other motorcycle, shall ride single file when passing, and 'shall not pass any other motor vehicle within he same same lane,' except another motorcycle".
Orlando filed the suit in
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